South Korea Consults on 2 Support Biocide Regulations

On 30 May 2018, the Korean Ministry of Environments opened a 40-day public consultation on 2 draft regulations in support of KPBR.

South Korea Consults on 2 Support Biocide RegulationsOn 30 May 2018, the Korean Ministry of Environments opened a 40-day public consultation on 2 draft regulations in support of the “Law 1511-Act on the Safety Management of Household Chemical Products and Biocides”. The Act was promulgated on 20 Mar 2018 and will be implemented on the 1st of Jan 2019.

One of the new support regulations will be promulgated in the form of “Enforcement Decree (presidential decree)", (this regulation outlines the organization of the technical committee, method and procedures for the control of consumer chemical products subject to safety conformation, testing standard/method to be observed by testing labs and inspection authorities, data required for products which have not yet established/announced with safety standard, procedures for the application, evaluation of biocidal substances and biocidal products.)

The other regulation will be released as “implementation rules (ministerial regulation)”, which offers administrative and technical details based on the Enforcement Decree. The length of this text is more than double the text length of the Decree. Main stipulations include:

  • Biocidal substances contained in biocidal products that circulated in South Korea prior to 31 Dec 2018 and notified to the MoE in due time will be deemed as existing biocidal substances and granted with a varied grace period of up to 10 years, depending on the type of biocidal product. If the biocidal product is more likely to be used in daily life, the grace period will be comparatively shorter. MoE may also adjust the period in consideration of the hazard and risk, manufacturing/import volume, uses and regulatory conditions at home and abroad
  • Label claims of biocidal product and biocide-treated articles are further distinguished. Only biocidal products whose main function is removing harmful organism are allowed to exhibit the biocidal function such as “sterilization”, “insecticide” and “preservation”. For biocide-treated articles whose biocidal function is a secondary one, these products are restricted to indirect claims such as “sterilized”, ”antimicrobial” and ”preservative”, etc. Consumer chemical products determined as “Product of Concern” or subject to safety confirmation are prohibited from misleading labels such as “non-toxic”, ”harmless”, “environmental friendly ” and “animal friendly”;
  • The foundation of a support system was also explicitly stipulated to help smooth enforcement. Government can now help SMEs to generate relevant data by offering financial aid or directly generating the required data for these companies. Possibly, conformity notification of consumer chemical products subject to safety confirmation and the application for the approval of biocidal substance and biocidal products will be processed electronically

  [Premium Member Only]Presidential Enforcement Decree of the Act on the Safety Management of Household Chemical Products and Biocides(draft in Korean)

  [Premium Member Only]Enforcement Rules of the Act on the Safety Management of Consumer Household Products and Biocides(draft in Korean)

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